The case of Chrishaun McDonald continues to build intrigue as her murder trial gets under way today.

Her defenders maintain the black transgender woman was protecting herself from a hate crime when she allegedly stabbed Dean Schmitz, 47, a white man from Richfield. National transgender-rights activists are in town today to talk about the significance of the case.

Local elected officials also have shown support for the 23-year-old McDonald, who was studying fashion at Minneapolis Community and Technical College and is known to friends as “CeCe.” Minneapolis City Council Member Cam Gordon weighed in on his blog weeks ago, arguing that McDonald was targeted for her race and gender.

“It is unfortunate that in this case, as in so many, the hate crime itself appears to have been ignored,” said Gordon.

McDonald said she was acting in self-defense after a friend in Schmitz’ group hurled a glass at McDonald’s face. She also maintains that the group taunted her and her friends with anti-gay and racist remarks.

And state Rep. Susan Allen, DFL-Minneapolis, has written Hennepin County Attorney Mike Freeman, urging him to remember the “extenuating circumstances” of McDonald’s race and transgender, which she said “have cast unique question marks” over the case.

But the details of what happened last June outside of the Schooner Tavern in Minneapolis remain in dispute. Despite pressure from LGBT groups to drop the charges, Freeman responded in a letter to McDonald supporters that the evidence will show murder was the appropriate charge. “Gender, race, sexual orientation and class are not part of the decision-making process,” he said.

A hearing Friday hinted at the dueling narratives that will likely emerge during the trial. Hersch Izek, McDonald’s attorney, said McDonald walked away from the scuffle, but Schmitz followed her to continue the fight.

Prosecutors aren’t buying that story. “We don’t believe the evidence will show Ms. McDonald walked away from anything,” said assistant county attorney Amy Sweasy. “Ms. McDonald has given more versions of the events of that night than I can count.”

McDonald told police that she took out some scissors to scare Schmitz, and he was mortally stabbed when he ran into them.

Another twist in the case came Friday as attorneys argued whether Judge Daniel Moreno should allow evidence of Schmitz’ swastika tattoo on his chest. Prosecutors say it’s not relevant.

But Izek countered that the tattoo represents Schmitz’ “hate, violence and his attitude toward people of color and people who are different from him,” he said. “CeCe is as different from Mr. Schmitz as anybody.”

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There’s no such thing as a hate crime; there’s only crime. Elevating crime against a particular race, gender, religion, or sexual orientation to a special status violates the “equal protection” we are all promised under the constitution.

If you beat up somebody because they’re transgender or you beat them up because they’re latino or you beat them up because they’re white, you are guilty of assault and battery. Any way you slice it, rape is rape, murder is murder, self defense is self defense.

If you kill someone because they have a swastika tatooed on their chest, you still need to be able to show that they attacked you and you acted in self defense. Instead of protecting herself, CeCe probably had a duty to flee because Governor Dayton vetoed the Stand your Ground legislation…

JL

Lance, I wish it were that simple. But there are still a concerning amount of people who believe that because people are of color or a different sexual orientation that they deserve what they get. Even the justice system has a harsh reputation for failing to follow through on such crimes.

wobegon78

I second Lance’s sentiment. As detestable as hate crimes are, imposing heightened sanctions for the actor’s opinions and ideas runs afoul of our founders’ most basic commitment to preserving freedom of thought. New York Times editor Bill Keller discusses this problem in an excellent article on the issue: http://www.nytimes.com/2012/04/02/opinion/keller-tyler-and-trayvon.html?_r=1

http://supportcece.wordpress.com CeCe McDonald Support Committee

Thank you for supporting CECE MPR!

Hal Davis

There’s another argument against hate crimes: Judicial economy.

Assault and homicide are already against the law, regardless of motive, which is not needed to prove the crime occurred.

Hate crimes add another element the prosecutor must prove.

Christi

Im sure that when cee cee and her friends walked past the salon the intentions were not to get in a confrontation with anyone, but why were bar patrons standing outside with beer mugs in their hands so as to use it as a weapon? Did they see this group of young black gay people walk past earlier and waited for them to come back past to start trouble or even to harm them? How in Gods name are we going to act as if cee cee and friends are crimals when they are clearly the victims. If u send cee cee to prison for defending herself then you better send every one involved in the malee to prison along with her,including the female who started the physical fight when she slashed cee cee’s face with the beer mug first.

Lance

I’m not trying to throw CeCe in prison. Based on what I can see, she probably was defending herself and should most likely be set free after a thorough investigation and, if the situation warrants, a fair trial. I’m just saying, if we want equal treatment for transgenders, give them equal treatment – not special treatment – equal.

Always remember, you’re special and unique, just like everybody else.

Adam Holt

This case exposes larger issues of transgender ignorance and discrimination.

I heard on a radio broadcast that CeCe was put in an all-male prison in solitary confinement and did not receive adequate medical care so that she developed an abscess on her forehead. This speaks to our penal system’s inadequate comprehension of transgender issues and perhaps negligence in this particular case, though of course this merits a full investigation, beyond my purview at the moment.

Also I find the fact that CeCe’s legal name was used before her chosen female name in this article is upsetting. CeCe is not just her nickname/slang name with her friends, it’s the acknowledgment of her gender and identity and is her primary name.

Laura Yuen

Thanks for the good discussion here. I just wanted to clarify one thing. Adam, Ms. McDonald’s transgender friends told me Chrishaun is her chosen legal name and that CeCe is a nickname.